This title shall be cited as the "city of Edgewood buildings and construction code" or hereinafter referred to as "this title."
(Ord. 24-660 § 1 (Exh. A))
A.
Purpose. The purpose of this title is to provide a reasonable level of safety, health, property protection, and general welfare through:
1.
Establishing minimum standards for structural strength, means of egress, stability, sanitation, light and ventilation, and energy conservation;
2.
Providing a reasonable level of life safety and property protection from the hazards of fire, explosion, or dangerous conditions;
3.
Providing a reasonable level of safety to fire fighters and emergency responders during emergency operations;
4.
Regulating and controlling the design, construction, installation, quality of materials, location, operation and maintenance or use of electrical, mechanical, fuel gas, and plumbing equipment, installations, or other building service equipment systems;
5.
Mitigating the risk to life and structures from intrusion of fire from wildland fire exposures and fire exposures from adjacent structures and to mitigate structure fires from spreading to wildland fuels; and
6.
Providing for a reasonable level of sanitation and maintenance to promote continued occupancy of buildings, structures, and premises.
B.
Intent. The intent of the city is to:
1.
Require minimum performance standards and requirements for construction and construction materials, consistent with accepted standards of engineering, fire, and life safety;
2.
Require standards and requirements in terms of performance and nationally accepted standards;
3.
Permit the use of modern technical methods, devices, and improvements;
4.
Eliminate restrictive, obsolete, conflicting, duplicating, and unnecessary regulations and requirements which could unnecessarily increase construction costs or retard the use of new materials and methods of installation or provide unwarranted preferential treatment to types or classes of materials or products or methods of construction;
5.
Provide for standards and specifications for making buildings, structures, and premises accessible to and usable by physically disabled persons;
6.
Mitigate the fire and life safety hazards of wildland-urban interface areas; and
7.
Consolidate and provide for the administration, organization, and enforcement of the technical codes adopted by the city.
C.
The EMC shall be enforced for the benefit of the health, safety, and welfare of the general public. Codes and regulations adopted in this title are not intended to create or otherwise establish or designate any duty on the part of the city of Edgewood to any particular person or class of persons. No provision or any term used in this title is intended to impose any duty upon the city or any of its officers or employees that would subject them to damages in a civil action.
(Ord. 24-660 § 1 (Exh. A))
B.
Enforcement Agency. The community and economic department shall be responsible for enforcement of this title and the technical codes under the administrative and operational control of the building code official; provided:
1.
Fire Code. The fire code official or designee shall be responsible for administration and enforcement of Chapter 15.70 EMC;
2.
Property Maintenance. The administrator shall be responsible for administration and enforcement of Chapter 15.80 EMC;
3.
Deputies. In accordance with the prescribed procedures of the city and with the concurrence of the director, the code official shall have the authority to appoint a deputy code official, related technical officers, inspectors, plan examiners, and other employees. Such employees shall have powers as delegated by the applicable building or fire code official; and
4.
Other Agencies. The director may call upon other city departments or outside agencies to assist in the discharge of the duties required by this title.
C.
Duties and Powers of the Code Official. In addition to the duties and powers set forth in other sections of this title and the technical codes, the code official shall have the following duties and powers:
1.
General. The code official is hereby authorized and directed to enforce the provisions of this title and the technical codes. The code official shall have the authority to:
a.
Render interpretations of this title and the technical codes; provided:
i.
Such interpretations shall be consistent with the intent and purpose of this title and the technical codes;
ii.
An interpretation shall not have the effect of waiving requirements specifically provided for in this title and the technical codes;
iii.
An interpretation may be appealed to the hearing examiner under the procedures set forth in Chapter 15.90 EMC; and
iv.
A copy of any final interpretation shall be retained by the city clerk and available to the public.
b.
Adopt policies regarding:
i.
Electronic submission of applications, construction documents, test or special inspection reports, or other documents;
ii.
Minimum standards for construction documents, in addition to and consistent with EMC § 15.10.170;
iv.
Installation of automatic fire-extinguishing systems, including the type and configuration of systems based on, but not limited to, occupancy type, location, and water availability. The operating policy shall be developed from nationally recognized standards and local conditions; and
2.
Applications and Permits. The code official shall receive building permit applications, review construction documents, and issue building permits for the erection, alteration, demolition and moving of buildings, structures, and building service equipment, inspect the premises for which such permits have been issued, and enforce compliance with the provisions of this title and the technical codes.
3.
Inspections.
a.
The code official shall make the required inspections, or the code official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The code official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise at the applicant's expense.
b.
For buildings or structures located on properties or portions thereof containing mapped wildland-urban interface area, the code official may inspect for the purpose of ascertaining and causing to be corrected any conditions that could reasonably be expected to cause fire or contribute to its spread, or any violation of the purpose of this code and of any other law or standard affecting fire safety.
4.
Right of Entry.
a.
Where it is necessary to make an inspection to enforce the provisions of this title and the technical codes, or where the code official has reasonable cause to believe that there exists in a building or structure, or upon a premises, a condition which is contrary to or in violation of this title and the technical codes which makes the building, structure, or premises unsafe, dangerous or hazardous, the code official is authorized to enter the building, structure or premises at reasonable times to inspect or to perform the duties imposed by this title and the technical codes; provided, that:
i.
Such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession; and
ii.
If such building, structure, or premises is occupied, that credentials be presented to the occupant and entry requested; or
iii.
If such building or premises is unoccupied, the code official shall first make a reasonable effort to locate the owner or other person having charge or control of the building, structure, or premises and request entry; or
iv.
If entry is refused, the code official shall have recourse to the remedies provided by law to secure entry;
v.
Owners, the owners' authorized agent, occupants or any other persons having charge, care or control of any building, structure, or premises, shall, after proper request is made as herein provided, promptly permit entry therein by the code official for the purpose of inspection and examination pursuant to this title and the technical codes.
b.
Posted Property. Where private property is posted with a "No Trespassing" sign and has a gate or chain on private property, or where private property is enclosed by a secured gate or chain (other than by a simple latching or closure device), the code official shall not make entry beyond areas open to the public without the express permission of the property owner or occupant or a court order. No city employee shall be required to enter a posted or gated piece of property if the city employee feels threatened, intimidated, or otherwise in fear of his or her personal safety.
c.
Employee Identification. The code official shall carry identification cards while on duty. Any employee, when legitimately requested by the public, shall show the requesting party his or her identification card.
5.
Lot Lines and Setback Lines. Notwithstanding the general authority of the code official to administer and enforce this title and the technical codes, the code official shall have no duty, and no authority, to verify or establish lot lines or setback lines. No such duty or authority is created by this title, and none shall be implied. The sole responsibility for verifying and/or establishing lot lines and setback lines shall rest with the applicant. Such responsibility shall not be affected by any oral statement and/or written order, report, directive, permit, or approval of the code official.
6.
Notices and Orders. The code official shall issue all necessary notices or orders to ensure compliance with this title and the technical codes, pursuant to EMC § 15.10.340.
7.
Records. The code official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, reports of tests, and notices and orders issued. Such records shall be retained in the official records for a period of not less than 180 days from date of completion of the permitted work, or for not less than the period required for retention of public records by the city's retention schedule, whichever is greater.
8.
Liability. The code official charged with the enforcement of this title and the technical codes, acting in good faith and without malice in the discharge of his duties, shall not thereby be rendered personally liable for damage that may accrue to persons or property as a result of an act or omission in the discharge of the assigned duties.
(Ord. 24-660 § 1 (Exh. A))
This title establishes the administrative, organizational and enforcement rules and regulations for the technical codes which regulate site preparation and construction, alteration, moving, demolition, repair, use and occupancy of buildings, structures and building service equipment within the corporate limits of the city of Edgewood. The provisions of this title shall apply to the administration of the following technical codes:
(Ord. 24-660 § 1 (Exh. A))
[1]
Code reviser's note: Consistent with Washington State Engrossed Senate Bill 6120 (Chapter 133, Laws of 2024), the Wildland-Urban Interface Code shall not apply until the completion of a statewide wildfire hazard and base-level wildfire risk map pursuant to RCW 19.27.560(1) or until the city of Edgewood adopts its own wildfire hazard and base-level wildfire risk map pursuant to RCW 19.27.560(4).
The following terms shall have the following meanings for purposes of this title and the technical codes, unless the context specifies otherwise. Where terms are not defined, they shall have their ordinarily accepted meanings within the context with which they are used. The following terms are not intended to replace definitions contained and applied within each technical code, except as specifically provided herein:
means a specific response complying fully with a specific request by the jurisdiction.
means an extension or increase in floor area or height of a building or structure.
means the administrator as defined in EMC § 7.10.050, Definitions.
means a change or modification of a building, structure, or building service equipment.
means the owner or the owner's authorized agent for a building permit application.
means an established and recognized agency regularly engaged in conducting tests or furnishing inspection services, when the agency has been approved by the code official.
where used in this title and the technical codes, means the city's hearing examiner.
means a structure used or intended for supporting or sheltering a use or occupancy.
where used in this title and the technical codes, means the mayor, his or her duly authorized representative, and any designated alternate city agent or employee empowered by ordinance or by the mayor charged with the administration and enforcement of this title and the technical codes, except where authority is specifically reserved for the fire code official.
means a building erected prior to the adoption of this title, or one for which a legal building permit has been issued.
means any permit required by this title and the technical codes, including but not limited to permits for buildings, structures, building service equipment, or uses required by the technical codes as adopted by this title.
means an application for a building permit required pursuant to this title.
means an official document issued by the code official authorizing performance of a specified scope of work, activity, operation, practice, or function.
means and refers to the plumbing, mechanical and electrical and elevator equipment, fire suppression systems, and fuel tanks, including piping, wiring, fixtures, and other accessories, which provide sanitation, lighting, power, heating, ventilation, cooling, refrigeration, firefighting, and transportation facilities essential to the occupancy of the building or structure for its designated use.
where used in this title and the technical codes, means, depending on the applicable provision of this title and the technical codes, as evident by the context:
means an adequate response to all requests from city staff in sufficient detail to allow the application to be processed.
means plans, specifications, computations, and other data required to be submitted for any application required by this title or the technical codes.
means the community and economic development department, unless otherwise specified.
means the director of the community and economic development department, unless otherwise specified.
means the director of the public works department of the city of Edgewood or his/her designee.
means the Edgewood Municipal Code.
means the International Energy Conservation Code (Washington State Energy Code), as adopted by the city.
means a structure erected prior to the adoption of the appropriate code, or one for which a legal building permit has been issued.
where used in this title and the technical codes, means the individual who is charged with the administration and enforcement of the fire code and wildland-urban interface code.
where used in the technical codes, means the fire chief of East Pierce Fire and Rescue for the purpose of fire response and investigation in the IFC, and, for all other purposes in the technical codes, the "fire code official."
means the International Building Code, as adopted by the city.
means the International Existing Building Code, as adopted by the city.
means the Washington State Energy Code, as adopted by the city.
means the International Fire Code, as adopted by the city.
means the International Mechanical Code, as adopted by the city.
means the International Mechanical Code, as adopted by the city.
means the International Property Maintenance Code, as adopted by the city.
means the International Residential Code, as adopted by the city.
are terms referring to equipment or materials included in a list by an approved testing laboratory, inspection agency or other organization concerned with product evaluation that maintains periodic inspection of current production of listed equipment or materials. The published list shall state that the material or equipment complies with approved nationally recognized codes, standards or tests and has been tested or evaluated and found suitable for use in a specified manner.
means the National Electrical Code, as adopted by the city.
means the purpose for which a building, or part thereof, is used or intended to be used.
means any owner, or reputed owner, of the property which is listed on the tax rolls of the Pierce County assessor-treasurer for the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
means the owner or the owner's authorized agent to whom a building permit is issued.
means a project permit as defined in EMC § 18.20.190.
means a public utility as defined in EMC § 18.20.190.
means an individual who is registered or licensed to practice their respective design profession as defined by the statutory requirements of the professional registration laws of the state of Washington.
means a registered design professional engaged by the owner or the owner's authorized agent to review and coordinate certain aspects of the project, as determined by the code official, for compatibility with the design of the building or structure, including submittal documents prepared by others, deferred submittal documents, and phased submittal documents.
means to authorize the use of a building permit approval past the original expiration date and preserve vesting under the code which the building permit was issued.
means the reconstruction or renewal of any part of an existing building, structure, or building service equipment for the purpose of its maintenance.
means a change by an applicant or permittee to an application under review or to the scope of work authorized by an issued building permit.
means the visual observation of the structural system, for general conformance to the approved plans and specifications, at significant construction stages and at completion of the structural system. Structural observation does not include or waive the responsibility for the inspections required by the technical codes.
means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.
means and refers to all codes, appendices and referenced code standards adopted by the city in this title which contain the provisions for design, construction, alteration, moving, demolition, repair, removal, use, location, occupancy and maintenance of buildings, structures, building service equipment, and premises.
means the Uniform Plumbing Code, as adopted by the city.
means the total fair market value of all construction work or estimated cost to replace the building and its building service equipment in kind, based on current replacement costs.
means an action by an applicant or permittee to withdraw a project from active review or construction status.
means the International Wildland-Urban Interface Code, as adopted by the city.
(Ord. 24-660 § 1 (Exh. A))
A.
Appendices. Provisions in the appendices are intended to supplement the requirements of the technical codes and shall not apply unless specifically adopted.
B.
Conflicting Provisions.
1.
Where conflicts occur between the requirements of this title and the technical codes and other laws, regulations, city ordinances or code provisions, or between the technical codes, those provisions providing the greater safety to life shall govern or if life safety is not at issue, the more restrictive provision shall govern.
2.
Where, in any specific case, different sections of the technical codes specify different materials, methods of construction, or other requirements, the hierarchy of the codes named in RCW 19.27.031, as it now reads and as hereafter amended, shall govern, except:
a.
Where there is a conflict between provisions for which such hierarchy of codes is not determinative, the most restrictive provision shall govern.
b.
Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern.
c.
Where there is a conflict between a technical code and its referenced standard, or where the subject matter in a referenced standard is within the scope of the technical code, the provision in the technical code shall govern.
d.
Where there is a conflict between the duct sealing or insulation requirements of the building code and the duct sealing or insulation requirements of the energy code, the provisions of the energy code shall govern.
3.
Where enforcement of a code provision would violate the conditions of the listing or manufacturer's instructions of the equipment or appliance, the conditions of the listing or manufacturer's instructions shall apply.
C.
Retroactivity. Provisions of the technical codes that specifically apply to existing conditions are retroactive.
D.
Other Laws. The provisions of this title and the technical codes shall not be deemed to nullify any provisions of local, state, or federal law.
E.
Referenced Codes and Standards. Referenced codes shall be considered to be part of the requirements of the associated technical code to the prescribed extent of each such reference. Codes referenced within the technical codes adopted by the city shall not apply unless specifically adopted by the city in other chapters of this title. References to codes not adopted by the city shall be deemed to refer to the most applicable provision of codes or standards adopted by the city, as determined by the code official.
F.
Application of References. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of the applicable code as indicated by the context.
G.
Subjects Not Regulated by the Technical Codes. Where applicable standards or requirements are not set forth in a technical code, or are contained within other laws, codes, regulations, ordinances, or policies adopted by the city of Edgewood, compliance with applicable standards of other nationally recognized safety standards, as approved, shall be deemed as prima facie evidence of compliance with the intent of the technical codes.
H.
Matters Not Provided For. Requirements that are essential for the public safety of an existing or proposed activity, building or structure, or for the safety of the occupants thereof, which are not specifically provided for by this title or the technical codes, shall be determined by the code official consistent with the necessity to establish the minimum requirements to safeguard the public health, safety, and general welfare.
(Ord. 24-660 § 1 (Exh. A))
The city shall keep on file with the city clerk, for reference by the general public, not less than one copy of the technical codes and standards, or parts thereof, together with the amendments and supplements thereto, as adopted by this title. The copy of codes on file may be placed by the city clerk in the custody of the office of the code official to make them more readily available for inspection and use by the general public.
(Ord. 24-660 § 1 (Exh. A))
The burden of proof for demonstrating compliance with this title and the applicable technical codes and standards is on the applicant and permittee.
(Ord. 24-660 § 1 (Exh. A))
No person shall cause any building, structure, or building service equipment regulated by this title or by the technical codes to be constructed, erected, installed, enlarged, altered, repaired, moved, improved, converted, removed, or demolished, nor shall there be any change to the occupancy of any building or structure, unless a separate, appropriate permit for each building, structure, or building service equipment has first been applied for and issued by the code official, except:
A.
Exemptions. For work specifically exempted by this title;
B.
Emergency Repairs. Where building service equipment replacements or repairs must be performed in an emergency posing a significant and immediate risk to life and safety, or a significant and immediate risk of loss to property, the building permit application shall be submitted within the next working business day to the code official. The requirements of this section shall not be considered to prohibit the operation of any heating equipment or appliances installed to replace existing heating equipment or appliances serving an occupied portion of a structure; provided, that a request for inspection of such heating equipment or appliances has been filed with the department not more than 48 hours after such replacement work is completed, and before any portion of such equipment or appliances is concealed by any permanent portion of the structure; or
C.
Public Utilities. A building permit shall not be required for the installation, alteration or repair of generation, transmission, distribution or metering or other related equipment that is under the ownership and control of public utilities by established right.
(Ord. 24-660 § 1 (Exh. A))
A.
Existing Buildings, Structures, and Building Service Equipment. Except as specifically provided in this section, a technical code, or as is deemed necessary by the code official for the general safety and welfare of the occupants and the public:
B.
Buildings or Structures Previously Occupied. Additions, alterations, or repairs may be made to any previously occupied building, structure, or its building service equipment without requiring the entire building, structure, or its building service equipment to comply with the requirements of this title and technical codes; provided:
1.
Additions, alterations, or repairs shall conform to the requirements of this title and the technical codes for a new building, structure, or its building service equipment.
2.
A 50 percent or greater change to an existing floor area shall meet the provisions of this title and technical codes and shall apply to existing and proposed additional square footage in their entirety; provided, buildings or structures regulated under Chapter 15.30 EMC are subject to the following:
a.
Additions, alterations, or repairs may comply with either IRC Chapter 45, Existing Buildings and Structures, or the requirements for new construction.
b.
Additions with less than 500 square feet of conditioned floor area are exempt from the requirements for whole-house ventilation systems, IRC Section M1505.4.
c.
Additions or alterations to existing buildings which do not require the construction of foundations, crawl spaces, slabs or basements shall not be required to meet the requirements for radon protection in IRC Section R332.1 and IRC Appendix AF;
d.
Where additions, alterations, or changes of use to an existing building or structure result in a use or occupancy, height, or means of egress outside the scope of the IRC, the building or structure shall comply with the IEBC.
3.
Additions, alterations or repairs shall not be made to any existing building, structure, or its building service equipment which will cause the existing building, structure, or building service equipment to be in violation of the provisions of the technical codes, nor shall such additions, alterations or repairs cause the existing building, structure, or building service equipment to become unsafe, hazardous, insanitary, or overloaded.
C.
Buildings or Structures Not Previously Occupied. A building, structure, or portion thereof that has not been previously occupied or used for its intended purpose, in accordance with the laws in existence at the time of its construction, shall be permitted to comply with the provisions of the laws in existence at the time of the original building permit application, unless such building permit or any associated temporary certificate of occupancy has expired or any associated certificate of occupancy has been revoked. Subsequent permits shall comply with applicable requirements of this title and the technical codes for new construction.
D.
Change in Use or Occupancy Classification. No change may be made in the use or occupancy classification of any building or structure that would place the building in a different division of the same group or occupancy or in a different group of occupancies, unless such building or structure is made to comply with the requirements of this title and the technical codes for such division or group of occupancy, pursuant to EMC § 15.10.110.
E.
Moved Buildings or Structures.
1.
In addition to any permit required by this title and the technical codes, any moved buildings or structures shall obtain a street use permit pursuant to Chapter 12.16 EMC.
2.
Buildings or structures moved into or within a jurisdiction shall comply with the provisions of this title and the technical codes for new buildings or structures; provided, however, that Group R-3 buildings or structures are not required to comply if:
a.
The original use and occupancy classification is not changed; and
b.
The original building or structure is not substantially remodeled or rehabilitated. For the purposes of this section, a building or structure shall be considered to be substantially remodeled when the costs of remodeling exceed 60 percent of the assessed value of the building or structure exclusive of the costs relating to preparation, construction, demolition, or renovation of foundations.
3.
Any building service equipment that is part of a building or structure moved into or within the jurisdiction, or from one foundation to another, shall comply with the provisions of the applicable technical codes for new installations of such building service equipment. The building service equipment shall be completely tested as prescribed in the technical codes for new work, except that walls or floors need not be removed during such test where other equivalent means of inspection acceptable to the code official.
F.
G.
Historic Buildings or Structures. The provisions of this section shall not be mandatory for existing buildings or structures identified and classified by the state or local jurisdiction as historic buildings or structures where such buildings or structures are judged by the code official to be safe and in the public interest of health, safety and welfare regarding any proposed construction, alteration, repair, enlargement, restoration, relocation or moving of such buildings or structures, consistent with RCW 19.27.120.
(Ord. 24-660 § 1 (Exh. A))
A.
General. The code official is authorized to issue a building permit for temporary structures, building service equipment or uses; provided:
1.
Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days;
2.
Additional permits may be required under the technical codes or other city codes and regulations, including a temporary use permit pursuant to EMC § 18.50.070; and
3.
The building code official may authorize unheated tents and yurts under 500 square feet (46 m) accommodating an R-1 occupancy for recreational use as a temporary structure.
B.
Conformance. Temporary structures, building service equipment or uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation, and sanitary requirements of the technical codes; provided, that the code official may permit deviations which will not permit hazards to life or property.
C.
Electrical Connection. Any requirement to obtain a building permit to temporarily supply and use energy shall be obtained pursuant to Chapter 15.40 EMC.
D.
Extension. The code official is authorized to grant a single one-time extension, not to exceed 90 days or as otherwise approved under an associated temporary use permit. The extension request shall be made in writing a minimum of 10 business days prior to the expiration date and clearly describe the need for the extension. In no case shall an extension be granted beyond what is permitted by any associated temporary use permit issued pursuant to EMC § 18.50.070.
E.
Revocation. The code official is authorized to revoke a building permit for a temporary structure, building service equipment or use and to order the temporary structure, building service equipment or use to be discontinued. Whenever such hazards are deemed by the code official to exist, the code official may at once rescind or cancel the building permit covering such installation and disconnect, or order the disconnection of, all energy to such equipment.
(Ord. 24-660 § 1 (Exh. A))
A.
Connection of Service Utilities. No person shall make a connection from a utility, a source of energy, fuel, power, water system or sewer system to any building, structure, building service equipment or system that is regulated by this title for which a building permit is required, until authorized or otherwise approved by the code official.
B.
Temporary Connection. The code official shall have the authority to authorize the temporary connection of a building, structure, building service equipment or system to a utility, source of energy, fuel, power, water system or sewer system for the purpose of testing a system or installation or for use under a temporary approval.
C.
Authority to Disconnect Service Utilities. The code official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this title and the technical codes in case of emergency where necessary to eliminate an immediate hazard to life or property or where such utility connection has been made without the approval required in the technical code. The code official shall notify the serving utility, and wherever possible the owner or the owner's authorized agent and occupant of the building, structure, or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or the owner's authorized agent or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter.
(Ord. 24-660 § 1 (Exh. A))
A.
It shall be unlawful to make a change in the use or occupancy classification of any building or structure without complying with provisions of this title and technical codes applicable to the new use or occupancy classification.
B.
Any change to building service equipment that is part of a building or structure undergoing a change in use or occupancy shall comply with all applicable requirements of the technical codes for new building service equipment.
C.
The use or occupancy classification of any existing building or structure may be occupied for purposes in other groups without conforming to all the requirements of this title and the technical codes for those groups, provided the new or proposed use:
(Ord. 24-660 § 1 (Exh. A))
A.
Minimum Requirements. Applications for all building permits shall be submitted upon forms provided by the city and shall, at a minimum, consist of the materials specified in this section, plus any other materials required on the application form or by this title. Minimum required materials are as follows:
1.
The name, address, phone number, and email for the property owner(s), and any authorized agent(s) or the registered design professional in responsible charge;
2.
Proof that the property affected by the application is in the exclusive ownership of the applicant, or that the applicant has the consent of all partners in ownership of the affected property. If the property owner is a legal entity, proof of the individual's authorization to represent the legal entity;
3.
A legal description of the real property or the Pierce County tax parcel number and a street address of the location where the proposed work, activity, operation, practice, or function is to be done, or a description sufficient to readily identify and definitively locate the proposed building, work, activity, operation, practice or function;
4.
An accurate description of the proposed scope of the work, activity, operation, practice, or function to be covered by the permit;
5.
The proposed use and occupancy of all parts of the building or structure for which the proposed work, activity, operation, practice, or function is intended and of that portion of the site or lot, if any, not covered by the building or structure;
6.
Any construction documents, plans, diagrams, computation and specifications, data, and other information required by EMC § 15.10.150;
7.
The valuation, calculated pursuant to EMC § 15.10.160(B), of any proposed new building or structure or any proposed addition, remodeling, or alteration to an existing building;
8.
For any project valued at more than $5,000:
a.
The name, address, and phone number of the office of the lender administering the interim construction financing, if any; or
b.
The name and address of the firm that has issued a payment bond, if any, on behalf of the prime contractor for the protection of the owner, if the bond is for an amount not less than 50 percent of the total amount of the construction project.
If any of this information is not available at the time the application is submitted, the applicant shall so state and the lack of said information shall not cause the application to be deemed incomplete for the purposes of this section. However, the applicant shall provide the remaining information prior to the building permit being issued; |
9.
A completed form indicating which individual or legal entity will be financially responsible for any fees and costs associated with the application;
10.
The signature of the property owner(s) and any authorized agent;
11.
Applicable fees as set forth in the city of Edgewood fee schedule; and
12.
Any other data and information as required by the code official.
B.
Additional Requirements. Applications for a complete building permit application for new construction, additions, or change in use or occupancy shall include the following in addition to the requirements in subsection (A) of this section:
1.
Evidence of adequate sanitary sewer capacity from the public sanitary sewer purveyor providing service to the property for the intended use of the building or structure. Whenever a public sanitary sewer system is not available, either:
2.
Evidence of adequate water supply from the water purveyor providing service to the property for the intended use of the building or structure, in a form authorized by RCW 19.27.097.
4.
Evaluation and Follow-Up Inspection Services. For proposals containing prefabricated building service equipment assembly containing or having concealed work, the applicant shall provide an evaluation report on each prefabricated assembly, indicating the complete details of the installation, including a description of the system and its components, the basis on which the system is being evaluated, test results and similar information and other data as necessary for the code official to determine conformance to the technical codes.
a.
Evaluation Service. The code official shall designate the evaluation service of an approved agency as the evaluation agency and review such agency's evaluation report for adequacy and conformance to the technical codes.
b.
Follow-Up Inspection. Except where ready access is provided to building service equipment and accessories for complete inspection at the site without disassembly or dismantling, the code official shall conduct the in-plant inspections as frequently as necessary to ensure conformance to the approved evaluation report or shall designate an independent, approved inspection agency to conduct such inspections. The inspection agency shall furnish the code official with the follow-up inspection manual and a report of inspections on request, and the mechanical system shall have an identifying label permanently affixed to the system indicating that factory inspections have been performed.
c.
Test and Inspection Records. Required test and inspection records shall be available to the code official at all times during the fabrication of the building service equipment system and the erection of the building; or such records as the code official designates shall be filed.
C.
Deferred Submittals. For the purposes of this section, deferred submittals are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the code official within a specified period. The code official is authorized to defer submittal items, under the following terms and conditions:
1.
The request shall be made in writing and approved by the code official prior to application submittal.
2.
The registered design professional in responsible charge, or the applicant, if no registered design professional is required, shall list the deferred submittals on the construction documents for review by the code official.
3.
Where a registered design professional is required, documents for deferred submittal items shall be submitted to the registered design professional in responsible charge who shall review them and forward them to the code official with a notation indicating that the deferred submittal documents have been reviewed and been found to be in conformance to the design of the building or structure.
4.
Items submitted as part of a deferred submittal shall not be installed until the design and submittal documents have been approved by the code official.
5.
The code official is authorized to charge an additional fee to evaluate any deferred submittal.
D.
Waived Submittals. The code official is authorized to waive the submission of construction documents and other data if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this title or the technical codes.
E.
Submittal Date. The date application material is received by the city, whether electronically or physically, shall be indicated on each copy of the materials received. Submittals received by the city electronically on business days at 5:00 p.m. or later or on a weekend or city holiday will be deemed received on the following business day.
(Ord. 24-660 § 1 (Exh. A))
A.
General.
1.
Construction documents, engineering calculations, diagrams, special inspection and structural observation programs, and other data and information as required by the submittal requirements established by the city for each permit shall be submitted electronically to the city's online permitting system. Printed construction documents may be submitted when authorized by the code official.
2.
All submitted documents shall be dimensioned and of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this chapter and relevant laws, ordinances, rules, and regulations.
3.
All submitted documents shall be legible and reproducible, with a minimum font size of eight point or larger, and with all text and drawings of sufficient color and clarity to ensure that when the text is imaged, all text is readable.
B.
Standards for Use of Registered Design Professionals.
1.
When an application involves, or should involve, the practice of architecture as defined in RCW 18.08.320, the owner or the owner's authorized agent shall engage a Washington state-licensed architect to provide any architectural services that are related to the project, except as set forth in RCW 18.08.410. All plans prepared by a Washington state-licensed architect shall be stamped and signed as required by Chapter 18.08 RCW.
2.
When an application involves, or should involve, the practice of engineering or practice of land surveying as defined in RCW 18.43.020, the owner or the owner's authorized agent shall engage a Washington state-licensed engineer or land surveyor to provide any engineering or land surveying services that are related to the project, except as set forth in RCW 18.43.130. All plans prepared by a Washington state-licensed engineer or land surveyor shall be stamped and signed as required by Chapter 18.43 RCW.
C.
Designation of Registered Design Professional in Responsible Charge.
1.
When the owner or owner's authorized agent is required or chooses to use registered design professional(s), the owner or owner's authorized agent shall designate a registered design professional who shall act as the registered design professional in responsible charge.
2.
If the circumstances require, the owner or the owner's authorized agent shall designate a substitute registered design professional in responsible charge who shall perform the duties required of the original registered design professional in responsible charge. The code official shall be notified in writing by the owner or the owner's authorized agent if the registered design professional in responsible charge is changed or is unable to continue to perform the duties.
3.
The registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building.
D.
Construction Documents. Construction documents, engineering calculations, diagrams, special inspection and structural observation programs, and other data and information shall meet the minimum design requirements in EMC § 15.10.170 and shall include the relevant items listed in this subsection:
1.
Site plan.
a.
The construction documents submitted with the application for a building permit shall be accompanied by a site plan showing, to scale, the size, dimensions, and location of:
i.
Proposed new construction and existing structures on the site;
iii.
Distances from lot lines;
iv.
Existing and proposed easements, with the Pierce County auditor's recording number;
v.
Existing and proposed utilities, including stormwater facilities and any proposed on-site sewage septic system;
vii.
Established street grades and the proposed finished grades, or any other information necessary to verify the proposed building height pursuant to EMC § 18.90.070;
viii.
Flood hazard areas, floodways, and design flood elevations, if applicable, consistent with Chapter 14.80 EMC;
ix.
The location of any other critical areas and required buffers, if applicable, consistent with EMC § 14.10.070(C) and (D); and
x.
For properties or portions thereof containing mapped wildland-urban interface area:
E.
The approximate location and extent of the wildland-urban interface area;
F.
A 300-foot buffer from the wildland-urban interface area, shown horizontally from the edge of the wildland-urban interface area; and
G.
Details within the wildland-urban interface area and/or the 300-foot buffer on the project site and within 300 feet of the lot lines of the property, including other structures, slope, vegetation, fuel breaks, water supply systems and access roads;
1.
The site plan shall be drawn in accordance with an accurate boundary line survey and be consistent with any site plan approved or submitted as part of an associated project permit application;
2.
The site plan shall include the following information and calculations:
a.
The name of the owner and name and contact information of the plan preparer, including any applicable license information;
b.
The site address and tax parcel number;
c.
Zoning district and comprehensive plan future land use designation;
d.
Existing and proposed uses;
e.
Existing and proposed occupancy classifications;
f.
Existing lot area and proposed total lot coverage, effective impervious surface, and hard surface areas for the applicable zoning district, as specified in Chapter 18.80 EMC;
h.
Existing grade elevation, finished grade elevation, and proposed building height(s), as specified in EMC § 18.90.070;
i.
Cut and fill grade quantities; and
j.
Any other information required to demonstrate consistency with EMC Title 18.
3.
In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot;
4.
The code official is authorized to waive or modify the requirement for a site plan where the application for permit is for alteration or repair or where otherwise warranted.
a.
Construction plans, including but not limited to:
5.
Floor plans;
8.
Energy code compliance information;
9.
Structural drawings; and
10.
For proposed buildings or structures within a flood hazard area, the elevation of the proposed lowest floor, including basement, if applicable, consistent with Chapter 14.80 EMC.
a.
Structural calculations, for any application requiring lateral or gravity structural design.
b.
Engineered truss drawings, stamped and signed by the truss manufacturer.
c.
Electrical plan, provided as a duplicate copy of any electrical plan submitted to Washington State Labor and Industries for work associated with the application for a building permit.
d.
Mechanical plan, including equipment counts and an isometric drawing with duct sizing, registers, returns, supply, and appliance locations. Construction documents for buildings more than two stories in height shall indicate where penetrations will be made for mechanical systems, and the materials and methods for maintaining required structural safety, fire-resistance rating, and fireblocking.
e.
Plumbing plan, including fixture counts and an isometric drawing with pipe sizing, water supply, and drainage system.
f.
Fire protection system shop drawings, prepared by a certified individual as required by the state of Washington, showing the proposed fire protection system(s) and all information as required by the referenced installation standards in Chapter 9 of the IBC.
g.
Geotechnical report, if construction will occur in any critical area regulated by this code, in an area of soft compressible soils, or where the foundation design calls for unique or deep foundations.
h.
Fire protection plan, for applications located on properties or portions thereof containing mapped wildland-urban interface area and where required by the fire code official:
11.
A fire protection plan prepared pursuant to WUIC Section 405, including the classification of fuel loading, fuel model light, medium or heavy, and substantiating data to verify classification of fire-resistive vegetation; and/or
12.
A vegetation management plan prepared pursuant to WUIC Section 502.
(Ord. 24-660 § 1 (Exh. A))
A.
Fees Required. A building permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a building permit be issued until the additional fee, if any, has been paid. The amount of the fees charged shall be as set forth in the city of Edgewood fee schedule.
B.
Valuation.
1.
The applicant for a building permit shall provide an estimated valuation at time of building permit application.
2.
Valuations shall reflect the total fair market value of work for which the building permit is being applied for, including:
3.
The determination of the value or valuation will be made based on the most current building valuation data published annually in the International Code Council (ICC) Building Safety Journal. The "gross area" used in conjunction with the ICC building valuation means the total areas of all floors – measured from the exterior face, outside dimensions, or exterior column line of a building – including basements, cellars, and balconies but not including unexcavated areas. Where walls and columns are omitted in the construction of a building, such as an open shed or marquee, the exterior wall of the open side or sides will be the edge of the roof.
4.
If, in the opinion of the code official, the valuation is underestimated on the application, the building permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the code official. Final building permit valuation shall be set by the code official.
(Ord. 24-660 § 1 (Exh. A))
A.
Multi-Unit Residential Building Enclosure Design Requirements of Chapter 64.55 RCW.
1.
Building enclosure design documents of new or rehabilitated multifamily buildings that are subject to regulations of Chapter 64.55 RCW shall be submitted at the time of permit application.
2.
All applications for building construction or rehabilitation shall include design documents prepared and stamped by a Washington state-licensed architect or engineer that identify the building enclosure (building enclosure documents), including, but not limited to, waterproofing, weatherproofing and/or otherwise protected from water or moisture intrusion, unless a recorded irrevocable sale prohibition covenant is submitted to the city.
3.
The city is prohibited from issuing a building permit for construction or rehabilitative construction unless the building enclosure documents contain a stamped statement by the person stamping the building enclosure design documents in substantially the following form: "The undersigned has provided building enclosure documents that in my professional judgment are appropriate to satisfy the requirements of RCW 64.55.005 through 64.55.090."
B.
Design Flood Elevations.
1.
All applications for construction, reconstruction, rehabilitation, repair, alteration, addition or other improvement of buildings or structures located in flood hazard areas shall comply with Chapter 14.80 EMC. The building code official, on behalf of the director, is responsible for determining whether the work constitutes substantial improvement or repair of substantial damage.
2.
For structures designed to the IBC, the construction documents shall also provide the information specified in Section 1612.
3.
For structures designed to the IRC, the construction documents shall also provide the information specified in Section R322.
C.
Exterior Balconies and Elevated Walking Surfaces.
1.
Where balconies or other elevated walking surfaces have weather-exposed surfaces, and the structural framing is protected by an impervious moisture barrier, the construction documents shall include details for all elements of the impervious moisture barrier system.
2.
The construction documents shall include manufacturer's installation instructions.
D.
Exterior Wall Envelope.
1.
Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with this title and the technical codes. The construction documents shall provide details of the:
2.
The construction documents shall include manufacturer's installation instructions that provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system that was tested, where applicable, as well as the test procedure used.
3.
The building code official may waive the detailing requirements of this section for one- and two-family dwellings and associated accessory structures when such details are provided in manufacturer's specifications.
E.
Means of Egress.
1.
The construction documents shall show in sufficient detail the location, construction, size, and character of all portions of the means of egress in compliance with the provisions of this title and the technical codes.
2.
In occupancies within the scope of the IBC, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces.
F.
Nonstructural Components. For structures designed to the IBC, construction documents shall indicate if structural support and anchoring documentation for nonstructural components is part of the design submittal or a deferred submittal. The construction documents for nonstructural components shall at a minimum identify the following:
1.
All nonstructural components required by ASCE 7, Section 13.1.3, to have an importance factor (Ip) of 1.5.
2.
All mechanical equipment, fire sprinkler equipment, electrical equipment, and other nonstructural components required by ASCE 7, Section 13.1.3, Item 1, to be operational following a seismic event that require designated seismic systems per ASCE 7, Section 13.2.2, and special inspections per IBC Section 1705.13.4.
G.
Relocatable Buildings. Construction documents for relocatable buildings shall comply with IBC Section 3112.
H.
Structural Information.
1.
For structures designed to the IBC, the construction documents shall provide the information specified in IBC Section 1603.
2.
For structures designed to the IRC, buildings and structures utilizing braced wall design, and where required by the building code official, braced wall lines shall be identified on the construction documents. Pertinent information, including, but not limited to, bracing methods, location and length of braced wall panels and foundation requirements of braced wall panels at top and bottom, shall be provided.
I.
Automatic Fire-Extinguishing Systems for Certain School Buildings. All buildings classed as E-1 occupancies, except portable school classrooms, constructed after July 28, 1991, shall be provided with an automatic fire-extinguishing system pursuant to RCW 19.27.113, as existing or as amended.
J.
Electric Vehicle Infrastructure. Electric vehicle charging capability shall be provided at all new buildings that provide on-site parking pursuant to RCW 19.27.540, as existing or as amended.
K.
Drinking Fountain/Bottle Filling Station. In any construction in which a drinking fountain is required, a bottle filling station is also required pursuant to RCW 19.27.590, as existing or as amended.
L.
Storm Shelters. Construction documents for storm shelters shall include the information required in ICC 500-2020/NSSA Standard for the Design and Construction of Storm Shelters, in addition to any information required by the IBC or IRC.
(Ord. 24-660 § 1 (Exh. A))
A.
Modifications.
1.
Wherever there are practical difficulties involved in carrying out the provisions of this title and the technical codes, the code official is authorized to grant modifications for individual cases on application in writing by the owner or an owner's authorized agent; provided, that all the following are met:
a.
There is a special individual reason that makes enforcement of the strict letter of this title and the technical codes impractical;
b.
The modification is in conformance with the intent and purpose of this title and the technical codes;
c.
The granting of the modification does not lessen any requirement for health, accessibility, life and fire safety, fire protection, or structural integrity established in this title and the technical codes.
2.
The code official shall make written findings supporting any approval or denial of a request for modification. The findings shall be kept in the record associated with the building permit application.
3.
A decision on a modification may be appealed to the hearing examiner under the procedures set forth in Chapter 15.90 EMC.
4.
The code official is authorized to charge an additional fee to evaluate any proposed modification under the provisions of this section.
B.
Modifications in Flood Hazard Areas. Modifications to flood hazard areas shall be processed in accordance with Chapter 14.80 EMC.
C.
Alternative Materials, Design and Methods of Construction and Equipment.
1.
The provisions of this title and the technical codes are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this title and the technical codes; provided, that any such alternative has been approved.
2.
An alternative material, design or method of construction may be approved where the code official finds that:
a.
The alternative material, design or method of construction is satisfactory and complies with the intent of the provisions of this title and the technical codes; and
3.
The code official shall make written findings supporting any approval or denial of a request for an alternative material, design, or method of construction. The findings shall be kept in the record associated with the building permit application.
4.
Where the alternative material, design or method of construction is not approved, the code official shall respond in writing, stating the reasons why the alternative was not approved.
5.
The code official is authorized to charge an additional fee to evaluate any proposed alternative material, design, or method of construction under the provisions of this section.
D.
Research Reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in technical codes, shall consist of valid research reports from approved sources.
E.
Tests.
1.
Whenever there is insufficient evidence of compliance with the provisions of this title and the technical codes, or evidence that a material or method does not conform to the requirements of the technical codes, or to substantiate claims for alternative materials or methods, the code official shall have the authority to require tests as evidence of compliance to be made at no expense to the city.
2.
Test methods shall be as specified in technical codes or by other recognized test standards. In the absence of recognized and accepted test methods, the code official shall approve the testing procedures.
3.
Tests shall be performed by an approved agency.
F.
Material, Building Service Equipment and Appliance Reuse. The use of used materials, building service equipment and appliances that meet the requirements of this title and the technical codes for new materials is permitted. Used materials, building service equipment and appliances shall not be reused unless such elements have been reconditioned, tested, and placed in good and proper working condition, and approved by the code official.
G.
Technical Assistance. For building permit applications located on properties or portions thereof containing mapped wildland-urban interface area the fire code official is authorized to require the applicant to provide, without charge to the jurisdiction, a technical opinion and report to determine the acceptability of technologies, processes, products, facilities, materials and uses attending the design, operation or use of a building or premises subject to the inspection of the fire code official. The report shall:
1.
Be prepared by a qualified engineer, specialist, laboratory, or fire safety specialty organization acceptable to the fire code official; and
2.
Analyze the fire safety of the design, operation or use of the building or premises, the facilities and appurtenances situated thereon and fuel management for purposes of establishing fire hazard severity to recommend necessary changes.
(Ord. 24-660 § 1 (Exh. A))
A.
For the purposes of this section, "receiving a building permit application" means an application has been submitted to the city.
B.
Within 28 calendar days after receiving a building permit application, the city shall provide a written determination of completeness to the applicant which states either that:
C.
If the city does not provide a written determination to the applicant that the application is incomplete within 28 calendar days, the application shall be deemed procedurally complete on the twenty-ninth day after receiving the building permit application. When the city does not provide a written determination to the applicant that the application is procedurally incomplete, the city may still seek additional information or studies as provided for in subsection (D) of this section. The time period guidelines for review of a building permit application begins following the determination of a complete application.
D.
Additional information may be required, or application modifications may be undertaken after the procedural review of the application by the city. The city's determination of completeness shall not preclude the city from requesting additional information either at the time of the notice of completeness or some later time if new information is required.
E.
If the applicant receives a written determination from the city that an application is not complete, the applicant shall have 90 calendar days to submit the necessary information to the city. If the applicant does not submit the required information within the 90-calendar-day period, the application shall lapse due to a lack of information necessary to complete the review. No extensions shall be granted.
F.
Within 14 calendar days after the applicant has submitted the requested additional information, the city shall make a determination as described in subsection (B) of this section; provided, however, that if upon review the application remains procedurally incomplete, the application shall lapse due to a lack of information necessary to complete the review, and the applicant shall be notified in writing of the determination.
(Ord. 24-660 § 1 (Exh. A))
A.
For the purpose of this section, a "complete building permit application" means an application which contains all information required to be submitted by any applicable provisions of this title and the technical codes.
B.
A valid and fully complete building permit application for a building or structure, that is permitted under the zoning or other land use control ordinances in effect on the date of the application, shall be considered under the building permit ordinance in effect at the time of application and the zoning or other land use control ordinances in effect on the date of application; provided, however, such proposed project may nonetheless be conditioned or denied by the city under Chapter 43.21C RCW and Chapter 20.05 EMC.
(Ord. 24-660 § 1 (Exh. A))
A.
Consolidated Permit Review Process. Building permit applications are exempt from the requirements of RCW 36.70B.110 and 36.70B.130 and any provisions of the EMC implementing those sections, except when an applicant has chosen to include building permit applications, e.g., building, fire, mechanical, or plumbing permits, in a consolidated permit review process pursuant to the provisions of RCW 36.70B.120 and Chapter 18.40 EMC.
B.
Project Permit Approval Prior to Building Permit Application.
1.
An applicant may apply for any land use, environmental, site development, fill and grade, or other project permit as defined in EMC § 18.20.190, prior to filing an application for a building permit.
2.
An applicant who files an application for any project permit prior to the filing of a valid and complete application for a building permit shall be deemed to have specifically acknowledged that the acceptance and processing of such project permit application shall in no way establish or create a vested right to proceed with construction of any proposed project in accordance with the codes, ordinances, or regulations existing at the time of filing of such application, or at any time thereafter, prior to the filing of a valid and complete building permit application.
C.
Project Permit Approval Together With Building Permit Application.
1.
If project permit approval was not obtained prior to building permit application, the building permit approval is subject to obtaining any required project permit approval and shall not be issued until such project permit approval is obtained.
2.
An applicant who fails to obtain any required project permit approval prior to submitting a building permit application shall be deemed to have specifically acknowledged that the building permit application may expire prior to a decision on any such project permit application, and that the building permit application is made at the applicant's own risk.
(Ord. 24-660 § 1 (Exh. A))
The building code official is authorized to issue a separate building permit for the construction of foundations or any other part of a building or structure before a building permit application for the whole building or structure has been submitted. The permittee for the foundation or other parts of a building or structure shall proceed at the permittee's own risk with construction and without assurance that a building permit for the entire building or structure will be granted.
(Ord. 24-660 § 1 (Exh. A))
A.
Initiation of Review. Following a determination that an application is complete pursuant to EMC § 15.10.190, the code official shall begin review.
B.
Preliminary Inspection. The code official is authorized to inspect or cause to be inspected buildings, structures, and premises for which an application has been filed.
C.
Decision Criteria. A building permit shall only be approved after the code official has reviewed the application and any required plans, specifications and other data filed by an applicant for consistency with applicable laws and ordinances and has found that the proposal is consistent with the criteria below or that the criteria can be met, subject to conditions of approval:
1.
The proposal is consistent with this title and the applicable technical codes;
2.
The proposal is consistent with the use and development regulations in EMC Title 18, including any conditions imposed by a project permit decision;
3.
The proposal is consistent with applicable critical area regulations in EMC Title 14;
5.
The proposal is consistent with applicable site development regulations in EMC Titles 11, 12, 13, and 18, including the availability and adequacy of infrastructure; and
6.
For buildings or structures located on properties or portions thereof containing mapped wildland-urban interface area, the fire code official shall review and approve permitted uses, occupancies, or structures. Where laws or regulations are enforceable by other agencies or departments, a joint approval shall be obtained from agencies or departments concerned.
D.
Incorrect Application. The city may make a determination in writing that some information is incorrect and require that additional or corrected information be submitted; provided, that:
1.
The applicant shall have up to 90 calendar days to submit additional or corrected information. An extension may be granted pursuant to EMC § 15.10.240.
2.
The city shall have 14 calendar days to review the submittal of additional or corrected information.
a.
If the additional or corrected information is still not found to be sufficient, the city shall notify the applicant in writing that the submitted information is incorrect, and the time period set forth in subsection (D)(1) of this section shall be repeated. This process may continue until complete additional or corrected information is obtained or until the time limitation for review established in EMC § 15.10.240 lapses, whichever comes first.
b.
If the requested additional or corrected information is sufficient, the city shall continue with review.
3.
If the application requires a second request for additional or corrected information, the city shall offer a meeting to attempt to resolve outstanding issues during the review process with the applicant. The meeting shall be scheduled within 14 calendar days of date of the correction letter, unless the applicant requests an alternative date. If the applicant refuses to meet, does not respond to the offer to meet, or if the meeting cannot resolve the issues and the city proceeds with a third request for additional information or corrections, the code official shall either approve or deny the application upon receiving the third submittal of additional information or corrected information.
E.
Substantial Changes to the Application. A modification to project plans occurring before issuance of the building permit shall be deemed a new application for the purpose of establishing time periods pursuant to EMC § 15.10.240 when:
F.
Denial. When the code official determines that the application and/or construction documents do not conform to the requirements of subsection (C) of this section, or the application and/or construction documents do not conform after a third review pursuant to subsection (D)(3) of this section, the code official shall reject such application in writing, stating the reasons for denial.
(Ord. 24-660 § 1 (Exh. A))
A.
Applications for which no permit is issued within one year (365 calendar days) following the date a complete application was submitted shall expire by limitation.
B.
The code official may approve a single, one-time extension of time for action by the applicant, not to exceed 90 calendar days, when the applicant has shown due diligence and/or substantial progress but circumstances render full and timely compliance unattainable. Such a request shall:
C.
Applications may be canceled for inactivity if an applicant fails to respond to the code official's written request for revisions, corrections, actions, or additional information within 90 calendar days of the date of request. The code official may extend the response period beyond 90 calendar days if, within the original 90-calendar-day time period, the applicant provides and subsequently adheres to an approved schedule with specific target dates for submitting the full revisions, corrections or other information needed by the department. Any such extension shall not extend the time limitation established by subsection (A) or (B) of this section.
D.
In addition to the extension allowed in subsection (B) of this section, the code official may extend the life of an application if any of the following conditions exist:
1.
Compliance with the State Environmental Policy Act is in progress; or
2.
Review of a project permit application is in progress; provided:
a.
The applicant has submitted a complete response to city requests;
b.
Any such review or application has not lapsed, or the code official determines that unique or unusual circumstances exist that warrant additional time for such response; and
c.
The code official determines that the review is proceeding in a timely manner toward final city decision; or
3.
Litigation against the city or the applicant is in progress, the outcome of which may affect the validity or the provisions of any permit issued pursuant to such application.
In no event may the code official extend the application for a period of more than 180 calendar days following the conclusion of the applicable condition described in this subsection (D).
E.
If the city is unable to issue its final decision within the time limits provided in this section, it shall provide written notice of this fact to the applicant. The notice shall include a statement of reasons why the time limits have not been met and an estimated date for issuance of a final decision. The city is not liable for damages due to the city's failure to make a final decision within the time limits established in this section.
(Ord. 24-660 § 1 (Exh. A))
A.
Preparation for Issuance. The code official shall ensure compliance with the following prior to issuance of any approved building permit:
1.
All plans and specifications associated with an approved building permit shall be endorsed in writing or stamped "reviewed for code compliance" with any conditions noted;
2.
If not provided at the time of building permit application, the information required by EMC § 15.10.140(A)(8) for any project valued at more than $5,000;
3.
All outstanding applicable fees as set forth in the city of Edgewood fee schedule are paid, including payment or deferral of any impact fee required under EMC Title 4;
4.
When any work is to be done by a contractor, as defined in RCW 18.27.010:
a.
The applicant shall provide the contractor's business name, address, phone number, current state contractor registration number, state business license number, and city business license number as required under Chapter 5.05 EMC.
c.
When an application includes any of the following types of construction, the city shall also verify that the contractor possesses:
ii.
A manufactured, modular or mobile home dealer or installer license pursuant to RCW 43.22A.110; and/or
iii.
A plumbing contractor license pursuant to RCW 18.106.440;
6.
Any project permit, critical areas determination, or SEPA determination required by this code to allow the use if issued concurrently or prior to the date of issuance of the building permit.
B.
Building permits shall be issued only to the applicant. A copy of the approved construction drawings shall be provided to the applicant.
C.
Information on Issued Permit Documents. The issued building permit document and the inspection record card shall contain the information required by RCW 19.27.095(2)(a) through (d).
(Ord. 24-660 § 1 (Exh. A))
A.
The issuance or granting of a building permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the jurisdiction. Building permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid.
B.
The issuance of a building permit based on construction documents and other data shall not prevent the code official from requiring the correction of errors in the construction documents and other data or from preventing construction being conducted in violation of this code.
C.
The code official is authorized to prevent occupancy or use of a structure where in violation of this code or of any other ordinances of this jurisdiction.
(Ord. 24-660 § 1 (Exh. A))
A.
Construction.
1.
Construction or work for which a building permit is required by this title and the technical codes shall be subject to inspection by the code official and such construction or work shall remain visible and able to be accessed for inspection purposes until approved by the code official.
2.
Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as a revised set of construction documents pursuant to EMC § 15.10.310.
3.
Approved Materials and Equipment. Materials, equipment, and devices approved by the code official shall be constructed and installed in accordance with such approval.
4.
The code official is authorized to require a survey to verify that the building or structure and any site features, including mitigation features, are located in accordance with the approved plans.
B.
Placement of Issued Building Permit. The following items shall be kept on the site of the work until the completion of the project:
(Ord. 24-660 § 1 (Exh. A))
During construction, demolition, excavation and rehabilitation activities, all work sites shall be maintained in compliance with the following in addition to any requirements in the applicable technical code, except for an individual detached one- or two-family dwelling:
B.
The performance standards for noise associated with permitted land development and construction activities, as set forth in EMC § 18.90.140(G); and
C.
The following site safety standards; provided, these standards do not apply to activities conducted within a completely enclosed structure:
1.
Fencing.
a.
Work sites shall be enclosed and secured by a continuous fence at least six feet (1,829 mm) in height which shall be anchored to resist wind loads of 30 pounds per square foot (1,436 Pa) without deflection of more than three inches (76.2 mm) between the top and bottom of the fence.
b.
The fence, including gates, shall be covered for its full height and length in fabric mesh that will allow the passage of air but contain dust and dirt.
c.
The permittee shall be responsible for keeping the fence and fabric mesh in good repair and free of unauthorized signs.
2.
Gate. One gate, no larger than is reasonably necessary to allow truck access, may remain open when workers are actively working on the site.
3.
Storage.
a.
All construction materials, dumpsters and debris collection devices shall be kept within the required fence except as permitted with a city street use permit.
b.
Dumpsters shall be regularly serviced to prevent contents from extending past the top of the dumpster.
c.
Construction materials and waste shall be gathered at the end of each work day and stored or disposed of in a neat and orderly manner. Where materials are stored for use on floors above grade, they shall be secured to prevent loosening or dispersion due to weather conditions or other phenomena.
4.
Litter and Garbage.
a.
Closed or sealed containers for litter and garbage (i.e., dumpsters, trash cans, or the like) shall be provided throughout the work site. At least one container shall be provided for every floor and every 4,000 square feet (372 m) of work area.
b.
All litter and garbage must be placed in a closed or sealed container or removed from the work site daily.
5.
Dust Control.
a.
The permittee shall prevent the off-site dispersion of dust and debris from the work site consistent with their construction stormwater pollution prevention plan (SWPPP), as required under Chapter 13.05 EMC.
b.
All construction and demolition debris shall be removed from upper floors using dust-tight chutes or lowered in containers. Construction and demolition debris shall not be dropped or thrown from any floor.
c.
Where work occurs on a level that is four or more stories above grade plane, the work area shall be enclosed with fabric mesh as provided in subsection (C)(1) of this section.
d.
For masonry work, the immediate work area shall be enclosed to contain dust and debris from grinding or cutting operations.
(Ord. 24-660 § 1 (Exh. A))
A.
New, Altered, Extended, or Repaired Installations. New building service equipment systems and parts of existing building service equipment systems that have been altered, extended, renovated, or repaired shall be tested as required in the technical codes and in accordance with this section to disclose defects.
1.
Tests shall be made by the permittee, unless otherwise required by RCW 19.27.720, and observed by the code official.
2.
Apparatus, instruments, material, and labor required for testing a building service equipment system or part thereof shall be furnished by the permittee.
3.
Joints and connections in any building service equipment system shall be gastight and watertight for the pressures required by the test.
4.
In cases where it would be impractical to provide the required tests, or for minor installations and repairs, the code official may inspect to ensure that the work has been performed in accordance with the intent of the applicable technical code.
B.
Reinspection and Testing. Where any work or installation does not pass an initial test or inspection, the necessary corrections shall be made to achieve compliance with the technical codes. The work or installation shall then be resubmitted to the code official for inspection and testing.
C.
Approval of Tests. After the prescribed tests and inspections indicate that the work complies in all respects with the applicable technical code, the code official shall notify the permittee in writing.
(Ord. 24-660 § 1 (Exh. A))
A.
Approval Required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the code official.
B.
Duties of Permittee.
1.
Inspection Requests. The permittee shall:
a.
Notify the code official when work is ready for inspection by no later than 4:00 p.m. one business day prior to the requested date of inspection;
b.
Provide access to and means for inspections of such work required by this title. Such work shall remain visible and able to be accessed for inspection purposes. Neither the code official nor the jurisdiction shall be liable for expense caused by the removal or replacement of any material required to allow inspection; and
c.
Furnish any apparatus, instruments, material, and labor required for testing an installation or part thereof.
2.
The permittee shall not employ any unlicensed person, firm, or corporation to perform the work authorized by the issued building permit.
3.
The permittee is responsible for ensuring that every person who performs work regulated by this title and the technical codes complies with this title and the technical codes.
C.
Types of Inspections.
1.
Required Inspections. The code official, upon notification as required by subsection (B)(1)(a) of this section, shall make the requested inspections and shall either:
a.
Indicate the portion of the construction that is satisfactory as completed; or
b.
If any of the following apply, the code official shall notify the permittee of the violations and require reinspection:
i.
The approved construction plans are not readily available to the code official;
ii.
The permittee failed to provide access on the date for which inspection is requested;
iii.
Work for which inspection is called is not complete or where corrections called for are not made; or
iv.
The permittee deviated from the approved construction plans and conditions of the issued building permit.
c.
Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the code official.
d.
The permittee shall pay any reinspection fee as set forth in the city of Edgewood fee schedule and request a new inspection. The additional inspection of the work will not be performed until the required fees have been paid.
2.
Special Inspections.
a.
In addition to the standard inspections described in this section, the code official is authorized to make or require special inspections for any type of work related to the technical codes by an approved agency at no cost to the jurisdiction.
b.
Inspection Agencies. The code official is authorized to accept reports of approved inspection agencies; provided, that such agencies satisfy the requirements as to qualifications and reliability.
3.
Other Inspections. In addition to the inspections specified above, the code official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this title and the technical codes and other laws that are enforced by the city.
4.
Approval of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the city.
D.
Inspection Sequence. The applicable inspections in each subsection of this section shall be completed prior to inspections for the following subsection. Only inspections applicable to the work, activity, operation, practice, or function approved under the issued building permit shall be required. This list includes inspections required to obtain final inspection for a building permit and is not intended to supersede or replace inspections required for other issued permits.
1.
Site Preparation. The applicable inspections in this group shall be approved prior to any site work or other construction activities.
a.
Critical Areas. All critical areas shall be protected as required by EMC § 14.10.070(J), Markers, Fencing, and Signage, or as shown on any approved critical areas plan.
b.
Significant Trees. Significant trees shall be protected with markers, fencing, and signage as required by EMC § 18.90.180(C) or as shown on an approved tree retention or landscape plan.
2.
Foundation.
a.
Footing and Foundation Inspection. A footing and foundation inspection shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. All materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with approved nationally recognized standards, the concrete need not be on the job. Where the foundation is to be constructed of approved treated wood, additional inspections may be required by the code official.
The location of lot lines and/or setback lines at a development and construction related thereto shall be the responsibility of the applicant/owner.
b.
Underground Utilities. Underground inspection shall be made after trenches or ditches are excavated and bedded, piping is installed, and before backfill is installed; except, ground-source heat pump loop systems tested in accordance with the technical codes shall be permitted to be backfilled prior to inspection.
c.
Concrete Slab and Under-Floor Inspection. Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor.
d.
Lowest Floor Elevation. In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical construction, elevation certification prepared by a registered design professional shall be submitted as required in the applicable technical code and Chapter 14.80 EMC.
e.
Footing and Foundation Energy Compliance Inspection. Any inspection required by WAC 51-11C-10500 or 51-11R-10500 shall be required after the installation of the slab/floor insulation, but before concealment.
3.
Exterior Construction.
a.
Exterior Wall Sheathing Inspection. Exterior wall sheathing shall be inspected after all wall framing is complete, strapping and nailing is properly installed, but prior to being covered.
b.
Roof Sheathing Inspection. The roof sheathing shall be inspected after all roof framing is complete. No roof coverings shall be installed until inspections are made and approved.
c.
Weather-Exposed Balcony and Walking Surface Waterproofing. Where balconies or other elevated walking surfaces have weather-exposed surfaces, and the structural framing is protected by an impervious moisture barrier, all elements of the impervious moisture barrier system shall not be concealed until inspected and approved.
Exception: Where special inspections are provided in accordance with IBC Section 1705.1.1, Item 3.
d.
Thermal Envelope Energy Compliance Inspection. Any inspection required by WAC 51-11C-10500 or 51-11R-10500 shall be completed for:
i.
Envelope Component Inspection. To be made after all envelope component insulation is in place, but before any exterior finishes are installed.
ii.
Wall Insulation Inspection. To be made after all wall insulation and air vapor retarder sheet or film materials are in place, but before any wall covering is placed.
iii.
Glazing Inspection. To be made after glazing materials are installed in the building.
iv.
Exterior Roofing Insulation. To be made after the installation of the roof insulation, but before concealment.
4.
Rough Framing and Building Service Equipment Rough-In.
a.
Building Service Equipment Rough-In Inspection. Rough-in building service equipment systems shall be inspected when the rough-in work is complete and, if required, under test. No connections to primary utilities shall be made until the rough-in work is inspected and approved.
b.
Building Service Equipment Energy Compliance Inspection. Any inspection required by WAC 51-11C-10500 or 51-11R-10500 shall be required after all pipe, fire suppression piping and duct insulation is in place, but before concealment.
c.
Framing and/or Masonry Inspection. Inspection of framing and masonry construction shall be made after the roof deck or sheathing, masonry, all framing, fireblocking, firestopping, draftstopping and bracing are in place and pipes, chimneys, and vents to be concealed are complete and the rough building service equipment rough-in inspection(s) are approved.
5.
Walls, Structural Members, and Fire Protection Systems.
a.
Types IV-A, IV-B, and IV-C Connection Protection Inspection. In buildings of Types IV-A, IV-B, and IV-C construction, where connection fire-resistance ratings are provided by wood cover calculated to meet the requirements of IBC Section 2304.10.1, inspection of the wood cover shall be made after the cover is installed, but before any other coverings or finishes are installed.
b.
Exterior Finish and Insulation Systems (EFIS), Lath Inspection and Gypsum Board and Gypsum Panel Product Inspection. EFIS, lath, gypsum board and gypsum panel product inspections shall be made after backing, lathing or gypsum board and gypsum panel products, interior and exterior, are in place, but before any plastering is applied or gypsum board and gypsum panel product joints and fasteners are taped and finished.
Exception: Interior gypsum board and gypsum panel products that are not part of a fire-resistance-rated assembly or a shear assembly.
c.
Fire-Resistance-Rated Construction Inspection. Where fire-resistance-rated construction is required between dwelling units or due to location on property, the code official shall require an inspection of such construction after lathing or gypsum board or gypsum panel products are in place, but before any plaster is applied, or before board or panel joints and fasteners are taped and finished.
d.
Fire- and Smoke-Resistant Penetrations. Protection of joints and penetrations in fire-resistance-rated assemblies, smoke barriers and smoke partitions shall not be concealed from view until inspected and approved.
6.
Energy Efficiency Inspections. Any remaining inspection required by WAC 51-11C-10500 or 51-11R-10500 shall be made to determine compliance with the energy efficiency chapter in the applicable technical code, and may include, but not be limited to, inspections for: envelope insulation R- and U-values, fenestration U-value, duct system R-value, and HVAC and water-heating equipment efficiency.
7.
Life Safety Inspections and Documentation. Buildings and structures regulated under the IBC may be eligible for a temporary certificate of occupancy, pursuant to EMC § 15.10.330(E), once the following applicable inspections are completed and approved:
a.
Building Service Equipment Final Inspection. Building service equipment systems shall be inspected upon completion of the installation.
c.
Floor and Roof Design Live Loads Posted. In commercial or industrial buildings, for each floor or portion thereof designed for live loads exceeding 50 psf (2.40 kN/m), inspection shall be made to ensure such design live loads are conspicuously posted in that part of each story in which they apply, using durable signs.
8.
Final Project Permit and Critical Area Inspections and Documentation.
a.
External Agency Approvals. The permittee shall provide a copy of all required approvals from external agencies associated with the permit not previously provided under subsection (D)(7) of this section.
b.
Final Critical Area Inspection. All required inspections are complete, and conditions satisfied for work permitted under EMC Title 14 or as shown on any approved critical areas plan.
c.
Final Land Use Inspection. All required inspections are complete, and conditions satisfied for work permitted under a land use or environmental approval issued for the use.
d.
Final Site Development Inspection. All required inspections are complete, and conditions satisfied for work permitted under Chapter 13.05 EMC and/or as shown on an approved site development or clearing and/or grading plan.
e.
Flood Hazard Documentation. If located in a flood hazard area, documentation of the elevation of the lowest floor as required in IBC Section 1612.4 or IRC Section R322 shall be submitted to the building code official prior to the final inspection.
f.
Special Inspection Documentation. If any special inspections were completed, copies of all inspection reports shall be submitted to the code official prior to the final inspection.
g.
Deferred Submittals. If submittal of any construction documents was deferred, all required documentation shall be submitted to the code official after all associated inspections are completed and prior to the final inspection.
h.
Multi-Unit Residential Building Enclosure Special Inspection Requirements of Chapter 64.55 RCW. Chapter 64.55 RCW requires affected multi-unit residential buildings to provide a building enclosure inspection performed by a third-party, independent, and qualified inspector during the initial construction and during rehabilitative construction. The city does not verify the qualifications of the inspector or determine whether the building enclosure inspection is adequate or appropriate. All documentation shall be provided prior to final inspection.
9.
Final Inspection. The final inspection shall be made after all work required by the building permit is completed.
(Ord. 24-660 § 1 (Exh. A))
A.
Approved construction documents are binding, and all work regulated by this title and the technical codes shall be done in accordance with the approved construction documents.
B.
Approved construction documents shall not be changed, modified, or altered without authorization from the code official. Revisions to construction documents shall be reviewed using the procedures in this chapter for new applications.
(Ord. 24-660 § 1 (Exh. A))
A.
Expiration.
1.
Every permit issued by the code official under the provisions of this title shall expire by limitation and become null and void if:
2.
Issued building permits under which work is started and continuously performed, the construction of which has been pursued in good faith and the necessary periodic inspections are made, such that the building permit does not expire according to subsection (A)(1) of this section, shall not require changes in the construction documents, construction or designated occupancy of a structure; provided, however, that the permittee may request modification pursuant to EMC § 15.10.310.
3.
The code official may grant a single, one-time extension of up to 180 calendar days to an issued building permit, when the permittee has shown due diligence and/or substantial progress in completing the work associated with the permit. Such a request shall:
B.
Suspension or Revocation of Building Permit.
1.
The code official is authorized to, in writing, suspend or revoke a building permit issued under the provisions of this title where it is determined by the code official that:
a.
It is used by a person other than the person to whom the building permit was issued.
b.
It is used for a location other than that for which the building permit was issued.
c.
Any of the conditions or limitations set forth in the building permit have been violated.
d.
The permittee fails, refuses, or neglects to comply with any order or notice duly served on him or her under the provisions of this title within the time provided therein.
e.
There has been any false statement or misrepresentation as to material fact in the building permit application or plans on which the building permit or application was made.
f.
The building permit is issued in error or on the basis of incorrect, inaccurate, or incomplete information, or in violation of any other ordinance, regulations, or provisions of this title.
2.
When the code official determines that an issued building permit must be revoked or suspended pursuant to any of the criteria in subsection (B)(1) of this section, the code official shall notify the permittee in writing and state the reasons for the revocation or suspension.
(Ord. 24-660 § 1 (Exh. A))
A.
Use and Occupancy. No building or structure or portion thereof shall be used or occupied, and no existing use or occupancy classification of a building or structure or portion thereof shall be changed, until the building code official has issued a certificate of occupancy as required by this title and the technical codes; except:
1.
A certificate of occupancy is not required for work exempt from permits; and
2.
For one- and two-family dwellings and their accessory structures, the issued building permit inspection record shall serve as the certificate of occupancy when the final inspection has been approved by the building code official.
B.
Issuance of Certificate Prohibited. The city is prohibited from issuing a certificate of occupancy in the following circumstances:
1.
For buildings and structures subject to the provisions of the IBC, a certificate of occupancy shall not be issued until the floor load signs, required by this title and the IBC, have been installed.
2.
For any multi-unit residential building subject to Chapter 64.55 RCW, a certificate of occupancy shall not be issued until the third-party, independent, and qualified inspector prepares a report and submits to the planning and building department a signed letter certifying that the building enclosure has been inspected during the course of construction or rehabilitative construction and that the construction is in substantial compliance with the building enclosure design documents.
C.
Components of Certificate. After the building code official inspects the building or structure and finds no violations of the provisions of this chapter, the technical codes, or other laws that are enforced by the city, and finds compliance with the terms of all applicable permits, the building code official shall issue a certificate of occupancy that contains the following:
1.
The building permit number.
2.
The address of the structure.
3.
The name and address of the owner.
4.
A description of that portion of the structure for which the certificate is issued.
5.
A statement that the described portion of the structure has been inspected for compliance with the requirements of this title and the technical codes for the occupancy and division of occupancy and the use for which the proposed occupancy is classified.
6.
The name of the building code official.
7.
The edition of the technical code under which the building permit was issued.
8.
The use and occupancy, in accordance with the provisions of Chapter 3 IBC.
9.
The type of construction as defined in Chapter 6 IBC.
10.
The design occupant load.
11.
If an automatic sprinkler system is provided, whether the sprinkler system is required.
12.
Any special stipulations and conditions of the permit.
D.
Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this title, the technical codes, or any other ordinances of the city.
E.
Temporary or Phased Occupancy. The building code official is authorized to issue a phased certificate of occupancy before the completion of the entire work covered by the permit; provided, that such portion or portions shall be occupied safely, and all inspections required by EMC § 15.10.300(D)(7) are completed and approved.
F.
Suspension or Revocation. The building code official is authorized to suspend or revoke a certificate of occupancy or temporary certificate of occupancy issued under the provisions of this title, in writing, wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building, structure, or portion thereof is in violation of the provisions of this code or other ordinance of the jurisdiction.
(Ord. 24-660 § 1 (Exh. A))
B.
Unlawful Acts.
1.
It shall be unlawful for any person to erect, construct, alter, extend, repair, move, remove, demolish, or occupy any building, structure or building service equipment regulated by this title, or cause same to be done, in conflict with or in violation of any of the provisions of this title or the technical codes. Any person allowing a building to be occupied without a certificate of occupancy first being issued as required by this chapter shall be in violation.
2.
It shall be unlawful to remove or deface such floor and roof design load notices required by this title.
3.
It shall be unlawful to place, or cause or permit to be placed, on any floor or roof of a building, structure, or portion thereof, a load greater than is permitted by this title.
4.
It shall be unlawful to connect to an energy source regulated by this title that has been disconnected or ordered to be disconnected by the code official, or the use of which has been ordered to be discontinued by the code official, until the code official authorizes the reconnection and use of such energy source to building service equipment.
C.
Unsafe Buildings, Structures, Building Service Equipment, or Premises.
1.
Unsafe Conditions. Structures or existing equipment that are or hereafter become unsafe, unsanitary, or deficient because of inadequate means of egress facilities, inadequate light, and ventilation, or that constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the code official deems necessary and as provided for in this section. A vacant structure that is not secured against unauthorized entry shall be deemed unsafe.
2.
Unsafe Installations. Any installation of building service equipment that is unsafe, constitutes a fire or health hazard, or is otherwise dangerous to human life, as regulated by this title, is hereby declared an unsafe installation. Use of building service equipment regulated by this title constituting a hazard to health, safety, or welfare by reason of inadequate maintenance, dilapidation, fire hazard, disaster, damage, or abandonment is hereby declared an unsafe use. Such unsafe installations are hereby declared to be a public nuisance and shall be abated by repair, rehabilitation, demolition, or removal.
D.
Responsibility. The person responsible for a building, structure, building service equipment, or premises deemed unsafe by the code official shall abate, correct, or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition, or other approved corrective action.
E.
Authority of Code Official.
1.
Where the code official finds any work regulated by this title being performed in a manner contrary to the provisions of this title or in a dangerous or unsafe manner, the code official is authorized to issue an order pursuant to Chapter 7.40 EMC; provided, that where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work.
2.
Where the code official finds any occupancy of a building or structure in violation of the provisions of this title, or in violation of a building permit or certificate issued under the provisions of this title, the code official is authorized to issue a notice or order pursuant to EMC Title 7.
3.
Where the code official finds any occupied building, structure, or premises to be unsafe where such hazardous conditions exist that present imminent danger to the occupant, the code official is authorized to order the immediate evacuation of the occupied building, structure, or premises pursuant to Chapter 7.40 EMC. Persons so notified shall immediately leave the structure or premises and shall not enter or reenter until authorized to do so by the code official.
4.
Where the code official determines that any building service equipment, or portion thereof, regulated by this title has become hazardous to life, health, property, or has become insanitary, the code official is authorized to issue an order pursuant to Chapter 7.40 EMC; provided:
a.
A person shall not use or maintain a defective mechanical system after receiving such notice;
b.
Where such building service equipment is to be disconnected, written notice of such order to disconnect service and the causes therefor shall be given within 24 hours to the person responsible;
c.
In cases of immediate danger to life or property, such disconnection shall be made immediately without such notice; and
d.
Where energy sources are provided by a public utility, the code official shall immediately notify the serving utility in writing of the issuance of such order to disconnect.
6.
The code official may choose to pursue an alternate remedy, pursuant to EMC Title 7.
F.
Abatement of Violation. In addition to the emergency measures in EMC § 7.60.030, the code official or administrator is authorized to take appropriate action to:
(Ord. 24-660 § 1 (Exh. A))